The Franklin Sun: Public Notices: Saturday, October 11th, 2008



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Public Notices: Saturday, October 11th, 2008

Public & Legal Notices may be submitted to us at legals@franklinsun.com.

Public Notices Published Saturday, October 11th, 2008

SHERIFF’S SALE
Citibank, N.A., as Trustee for Merrill Lynch Mortgage Investors Trust Mortgage Loan Asset-Backed Securities Series 2007-HE2
Vs. No. 40,348
Weston Bass and Gail Glendolia Bass
State of Louisiana
Parish of Franklin
Fifth District Court
By virtue of a writ of SEIZURE AND SALE, to me directed by the honorable Fifth District Court of Louisiana, in and for the Parish of Franklin, I will offer for sale at public auction, at the front door of the Courthouse, in the City of Winnsboro, Franklin Parish, La., on Wednesday the 22nd day of October A.D., 2008, within legal hours beginning at 10:00 a.m., the following described property, to-wit:
Northwest Quarter (SW/4 of NW/4), Southeast Quarter of the Northwest Quarter (SE/4 of NW/4) and the Northwest Quarter of the Southwest Quarter (NW/4 of SW/4), Section 3, Township 15 North, Range 9 East, Franklin Parish, Louisiana, being more particularly described as follows:
Commencing at the Southeast corner of the Southwest Quarter of the Northwest Quarter (SW/4 of SW/4), Section 3, Township 15 North, Range 9 East, run South 89°38’13" West, along the south boundary of said Southwest Quarter of the Northwest Quarter (SW/4 of SW/4) a distance of 13.0 feet to its intersection with the west right-of-way line of Route Louisiana 17 and the Point of Beginning.
1. Thence run South 32°08’55" West along the West right-of-way line of said Rouge Louisiana 17 a distance of 220.51 feet to a point;
2. Thence run South 29°49’26" West along the West right of way line of said Rouge Louisiana 17 a distance of 116.26 feet to a set 5/8" rebar marking its intersection with the north right of way line of Donnell Gin Road;
3. Thence run North 37°50’41" West along the North right-of-way line of said Donnell Gin Road a distance of 34/66 feet to a point;
4. Thence run North 19°42’01" West along the Easterly right-of-way line of said Donnell Gin Road a distance of 62.51 feet to a point;
5. Thence run North 07°35’05" West along the Easterly right of way line of said Donnell Gin Road a distance of 201.55 feet to its intersection with the South boundary of said Southwest Quarter of the Northwest Quarter (SW/4 of NW/4);
6. Thence continue North 07°35’05" West along the Easterly right of way line of said Donnell Gin Road a distance of 51/67 feet to a set 5/8 rebar;
7. Thence run North 89°38’13" East parallel with the South boundary of said Southwest Quarter of the Northwest Quarter (SW/4 of NW/4) a distance of 265.55 feet to a point on the East boundary of said Southwest Quarter of the Northwest Quarter (SW/4 of NW/4);
8. Thence continue North 89°38’13" East parallel with the South boundary of said Southwest Quarter of the Northwest Quarter (SW/4 of NW/4) a distance of 17.72 feet to a set 5/8 rebar on the westerly right of way line of Route Louisiana 17;
9. Thence run South 32 degrees 08’55" West along the West right of way line of said Rouge Louisiana 17 a distance of 60.79 feet to the Point of Beginning;
Seized in this above style suit. Terms of sale, cash, without the benefit appraisement.
Steve E. Pylant, Sheriff
Sheriff’s Office, Winnsboro, La.
9/17, 10/15 2tp
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SHERIFF’S SALE
First National Bank
Vs. No. 40,386
Lloyd R. Jones Jr.
State of Louisiana
Parish of Franklin
Fifth District Court
By virtue of a writ of SEIZURE AND SALE, to me directed by the honorable Fifth District Court of Louisiana, in and for the Parish of Franklin, I will offer for sale at public auction, at the front door of the Courthouse, in the City of Winnsboro, Franklin Parish, La. on Wednesday the 29th day of October A.D., 2008, within legal hours beginning at 10:00 a.m., the following described property, to-wit:
2007 HONDA, MODEL NO. VT1100C, BEARING SERIAL NUMBER 1HFSC1805A100423.
Seized in this above style suit. Terms of sale, cash, with the benefit appraisement.
Steve E. Pylant, Sheriff
Sheriff’s Office, Winnsboro, La.
10/15 1tp
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SHERIFF’S SALE
Winnsboro State Bank & Trust Company
Vs. No. 40,381
Jamie Talbert
State of Louisiana
Parish of Franklin
Fifth District Court
By virtue of a writ of SEIZURE AND SALE, to me directed by the honorable Fifth District Court of Louisiana, in and for the Parish of Franklin, I will offer for sale at public auction, at the front door of the Courthouse, in the City of Winnsboro, Franklin Parish, La., on Wednesday the 29th day of October A.D., 2008, within legal hours beginning at 10:00 a.m., the following described property, to-wit:
ONE (1) 1995 CHEVROLET PICKUP, VIN# 1GCEC14H9SZ288554
Seized in this above style suit. Terms of sale, cash, with the benefit appraisement.
Steve E. Pylant, Sheriff
Sheriff’ Office, Winnsboro, La.
10/15 1tp
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SHERIFF’S SALE
Winnsboro State Bank & Trust Company
Vs. No. 40,382
Keaven Wedgeworth also known as Willie K. Wedgeworth
State of Louisiana
Parish of Franklin
Fifth District Court
By virtue of a writ of SEIZURE AND SALE, to me directed by the honorable Fifth District Court of Louisiana, in and for the Parish of Franklin, I will offer for sale at public auction, at the front door of the Courthouse, in the City of Winnsboro, Franklin Parish, La., on Wednesday the 29th day of October A.D., 2008, within legal hours beginning at 10:00 a.m., the following described property, to-wit:
ONE (1) 2005 CHEVROLET PICKUP, VIN# 1GCHK23215F859978.
Seized in this above style suit. Terms of sale, cash, with the benefit appraisement.
Steve E. Pylant, Sheriff
Sheriff’s Office, Winnsboro, La.
10/15 1tp
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CROWVILLE FIRE DISTRICT
P.O. BOX 297
CROWVILLE, LA 71230
Oct. 2, 2008
Minutes of meeting dated Thursday, October 2, 2008, 7:30 a.m., at Crowville Fire Station.
Board members present: Kelly Clark, Don Middleton, and Colby Peppers.
Guests present: Roy McDuffie and John Shelton.
Business before the board:
1. Financial statement was reviewed and accepted without change.
2. A resolution was introduced was introduced by Don Middleton, seconded by Colby Peppers, that Roy McDuffie and John Shelton be authorized to ride over the District to verify Parcel addresses; mileage to be paid by District. Resolution passed without opposition.
3. A discussion was held concerning the amendment of the 2008 budget which will bring actual expenses of 2008 in close agreement with the projected 2008 budget. Capital outlay, legal/professional fees, advertising and possibly other line items of the budget will have to be addressed.
4. Roy McDuffie questioned the Parcel Fee amount of the 2009 year. A general discussion followed concerning increased expenses for almost all line items of the budget including fuel and maintenance. Following the discussion, Colby Peppers proposed that the Parcel Fee be increased to $50.00/year for 2009. All board members and advisors concurred. Proposal passed without opposition.
Meeting adjourned.
Submitted by Don Middleton, Secretary -Treasurer.
10/15 1tb
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SHERIFF’S SALE
United States of America, Rural Development (formerly Farmers Home Administration), United States Department of Agriculture
Vs. No. 40,286
Richard Bell
State of Louisiana
Parish of Franklin
Fifth District Court
By virtue of a writ of SEIZURE AND SALE, to me directed by the honorable Fifth District Court of Louisiana, in and for the Parish of Franklin, I will offer for sale at public auction, at the front door of the Courthouse, in the City of Winnsboro, Franklin Parish, La., on Wednesday the 19th day of November A.D., 2008, within legal hours beginning at 10:00 a.m., the following described property, to-wit:
The South 50 feet of Lot 15 and the North 20 feet of Lot 16 of Block 1, first addition to Owen Place Addition, Town of Winnsboro, Louisiana, situated in Section 35, Township 14 North, Range 7 East, land district North of Red River, Franklin Parish, Louisiana, which has the address of 2802 Baldwin Drive, Winnsboro, LA 71295
Seized in this above style suit. Terms of sale, cash, without the benefit appraisement.
Steve E. Pylant, Sheriff
Sheriff’s Office, Winnsboro, La.
10/15, 11/12 2tp
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SHERIFF’S SALE
United States of America, Rural Development, United States Department of Agriculture
Vs. No. 40,383
Jessie Lee Hart
State of Louisiana
Parish of Franklin
Fifth District Court
By virtue of a writ of SEIZURE AND SALE, to me directed by the honorable Fifth District Court of Louisiana, in and for the Parish of Franklin, I will offer for sale at public auction, at the front door of the Courthouse, in the City of Winnsboro, Franklin Parish, La., on Wednesday the 19th day of November A.D., 2008, within legal hours beginning at 10:00 a.m., the following described property, to-wit:
A certain Lot or Parcel of land located in the Southwest Quarter of Section 9, Township 13 North, Range 8 East, Franklin Parish, Louisiana, being described as follows: Begin at the Southwest corner of the Southwest Quarter of said Section 9, and thence run in an easterly direction along the south boundary of said Southwest Quarter, a distance of 1184 feet; thence run North a distance of 232 feet to an iron pipe at the POINT OF BEGINNING; thence continue North, a distance of 210.00 feet to an iron pipe; thence run East, a distance of 181.9 feet to an iron pipe on the West boundary of Parish gravel road; thence turn a right deflection angle of 79 degrees 43 minutes and run in a Southwesterly direction along the West boundary of said gravel road, a distance of 213.43 feet; thence run West a distance of 220.0 feet, back to the POINT OF BEGINNING, containing (1) acres, more or less, which has the address of 223 Williams Road, Winnsboro, Louisiana 71295.
Seized in this above style suit. Terms of sale, cash with the benefit appraisement.
Steve E. Pylant, Sheriff
Sheriff’s Office, Winnsboro, La.
10/15, 11/12 2tp
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ADVERTISEMENT FOR BIDS
Franklin Parish Police Jury
Owner
6558 Main St., Winnsboro, LA 71295
Address
Separate sealed Bids for the construction of UNION CHURCH ROAD, PROJECT NO. 08-10-516E will be received by FRANKLIN PARISH POLICE JURY at the office located at 6558 MAIN ST., WINNSBORO, LA 71295 until 10:00 a.m. (Local Time) Wednesday, November 5, 2008 (year), and then at said office publicly opened and read aloud.
The Contract Documents may be examined at the following locations:
FRANKLIN PARISH POLICE JURY
6558 MAIN STREET
WINNSBORO, LA 71295
318-435-9429
MCMANUS CONSULTING ENGINEERS, INC.
116 SMELSER ROAD
MONROE, LA 71202
318-343-5600
Copies of the Contract Documents may be obtained at the Issuing Office, McMANUS CONSULTING ENGINEERS, INC. located at 116 SMELSER ROAD, MONROE, LA 71202, upon payment of $100.00 for each set, which includes $25.00 non-refundable handling fee and a $25.00 reproduction cost. The Contractor must pay shipping cost.
This project is classified as Highway, Street and Bridge.
FRANKLIN PARISH POLICE JURY
OCTOBER 2, 2008
HARVEY R. GUIMBELLOT, PRESIDENT
10/8, 10/15, 10/22 3TP
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CITY OF WINNSBORO
COUNCIL MEETING
September 15, 2008
6:00 PM - CALL TO ORDER
The Board of Aldermen of the City of Winnsboro, Louisiana, met in regular session on Monday, September 15, 2008, at 6:00 PM at the Winnsboro City Court, 1308 Cornell Street, Winnsboro, Louisiana, with Mayor Jack Hammons presiding.
Pledge led by Mayor Jack Hammons
Prayer led by John Dumas
Aldermen present: Richard Mahoney, John Dumas, Betty Johnson, Craig Gill, Rex McCarthy
Absent: None
Motion by Gill, second by Johnson to approve the minutes of the regular session held on August 18, 2008. Unanimously approved.
RESOLUTION NO. 08-0903:
BE IT RESOLVED, that the following millage is hereby levied on the 2008 tax roll on all property subject to taxation by the City of Winnsboro:
MILLAGE_7.05
BE IT FURTHER RESOLVED that this proper administrative officials of the Parish of FRANKLIN, State of LOUISIANA, be and they are hereby empowered, authorized, and directed to spread said taxes, as hereinabove set forth, upon the assessment roll of said Parish for the year 2008, and to make the collections of the taxes imposed for and on behalf of the taxing authority, according to law, and that the taxes herein levied shall become a permanent lien and privilege on all property subject to taxation as herein set forth, and collection thereof shall be enforceable in a manner provided by law.
The foregoing resolution was read in full, the roll was called on the adoption thereof, and the resolution was adopted by the following votes:
YEAS: Richard Mahoney, John Dumas, Betty Johnson, Craig Gill, Rex McCarthy
NAYS: None
ABSTAINED: None
ABSENT: None
CERTIFICATE
I hereby certify that the foregoing is a true and exact copy of the resolution adopted at the board meeting held on September 15, 2008 at which meeting a quorum was present and voting.
JACK HAMMONS, MAYOR
CITY OF WINNSBORO
WYMAN ROAD RESIDENTS:
Residents on Wyman Road appeared before the Board requesting to be allowed to connect to the City of Winnsboro Water System. A monthly fee will be included with their regular water bill as determined by the city attorney. Motion by McCarthy, second by Mahoney and unanimously approved.
RESOLUTION NO. 08-0901:
WHEREAS, the City of Winnsboro submitted its Capital Outlay request for Museum Renovations through the assistance of McManus Consulting Engineers; and
WHEREAS, bond funding, other than state general obligation bond funding, is not available to the City of Winnsboro to fund said project; and
WHEREAS, the City of Winnsboro has exhausted all efforts at local option funding for said project; and
WHEREAS, the City of Winnsboro has no budgeted funds for non-recurring appropriations; and
WHEREAS, the City of Winnsboro has no surplus funding or uncommitted cash available.
SO THEREFORE BE IT RESOLVED, that the City of Winnsboro does hereby certify to the Commissioner of the Division of Administration that state general obligation bond funding is needed for said project due to the fact that sufficient funding is not otherwise available to the City of Winnsboro.
PASSED, APPROVED AND ADOPTED by unanimous vote this 15th day of September 2008.
Roxy Fletcher, City Clerk Jack Hammons, Mayor
RESOLUTION NO. 08-0902:
A RESOLUTION AUTHORIZING MAYOR JACK HAMMONS TO SUBMIT A GRANT APPLICATION TO THE LOUISIANA COMMUNITY DEVELOPMENT LOCAL GOVERNMENT ASSISTANCE PROGRAM.
WHEREAS, the City of Winnsboro is eligible to receive a grant in the amount of $50,000.00 through the State of Louisiana Office of Community Development Local Government Assistance Program (LGAP); and
WHEREAS, the City of Winnsboro is submitting a LGAP grant application; and
WHEREAS, an application will be submitted for the purchase a 15 foot and 10 foot cutter for the Street Department; 4 Taser Guns for the Police Department; and culverts for Wallace Park in Parks/Recreations Department.
NOW THEREFORE BE IT RESOLVED, by the Board of Aldermen of the City of Winnsboro, Louisiana, that Mayor Jack Hammons is hereby authorized to a submit grant application to the Louisiana Community Development Local Government Assistance Program.
Motion by Dumas, second by McCarthy, and unanimously approved to adopt this resolution on September 15, 2008.
Yeas: Mahoney, Dumas, Johnson, Gill, McCarthy
Nays: None
Absent: None
Roxy Fletcher, City Clerk Jack Hammons, Mayor
ORDINANCE NO. 924:
An Ordinance requiring a permit for use of municipal property for business operations in the City of Winnsboro; requiring the provision of certain information prior to issuance of such permit; and otherwise providing with respect thereto.
Motion by Gill, second by Johnson and unanimously approved to adopt Ordinance No. 924.
ORDINANCE NO. 925:
An Ordinance setting the franchise fee to be paid by those entities providing cable or video service within the City’s municipal limits under a state – granted franchise authority and otherwise providing with respect thereto.
Motion by Gill, second by Johnson and unanimously approved to adopt Ordinance No. 925.
ORDINANCE NO. 926:
An Ordinance requiring the payment of public, educational, governmental access programming support to the City of Winnsboro by cable or video service providers operating within the City’s municipal limits under a state-issued certificate of franchise authority and otherwise providing with respect thereto.
Motion by Gill, second by Johnson and unanimously approved to adopt Ordinance No. 926.
POLICE CHIEF MONTHLY REPORT:
Chief Lester Thomas gave a monthly activity report for the City of Winnsboro Police Department. Motion by McCarthy, second by Dumas to accept the report as given. Unanimously approved.
MONTHLY FINANCIAL REPORTS:
Motion by Gill, second by McCarthy to accept the monthly financial reports. Unanimously approved.
ADJOURNMENT:
There being no more business to come before the board at this time, a motion was made by Gill, second by Johnson and unanimously approved that the meeting be adjourned.
Roxy Fletcher Jack Hammons
City Clerk Mayor
10/15 1tb
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CITY OF WINNSBORO
ORDINANCE NO. 924
An Ordinance requiring a permit for use of municipal property for business operations in the City of Winnsboro; requiring the provision of certain information prior to issuance of such permit; and otherwise providing with respect thereto.
WHEREAS, pursuant to the provisions of LSA-R.S. 33:4401, LSA-RS. 45:1361 et seq, this municipality’s police powers, and in order to protect the health, safety, and welfare of the public, the City of Winnsboro (herein referred to as “the City”) recognizes its right, duty, and obligation to regulate and maintain the integrity and safety of the City’s property and rights-of-way;
WHEREAS, there are persons or entities which utilize and desire to utilize the City’s property and rights-of-way to conduct business operations, including but not limited to the provision of telecommunication, internet, electrical, cable, water, gas or other services or products (hereinafter referred to as “Business Operations”);
WHEREAS, the City makes and adopts the following findings and purposes:
(1) The City recognizes that it holds its property and the rights-of-way within its geographical boundaries as an asset in trust for its citizens. The City and other public entities have invested millions of dollars in public funds to acquire, build, and maintain the rights-of-way. It also recognizes that some persons, by placing their equipment in the rights-of-way and charging the citizens of the City for goods and services delivered thereby, are profiting from their use of this property held by the City for the public good;
(2) The City’s rights-of-way are owned or held by the City primarily for the purpose of pedestrian and vehicular passage and for the City’s provision of essential public safety services, including police, fire, and emergency medical response services; and public health services, including sanitary sewer, water, and storm drainage services (together, “Public Uses”);
(3) Public Uses should in all cases be considered and treated as the dominant and preeminent uses of public property and rights-of-way;
(4) All other uses of public rights-of-way, including use for the provision of Business Operations, must be subordinate to Public Uses;
(5) In order to provide for the health, safety and well-being of its citizens, as well as to ensure the structural integrity of its rights-of-way and the City owned facilities located therein, the City strives to keep its rights-of-way in a state of good repair and free from unnecessary encumbrances;
(6) Right-of-way obstructions and deterioration disrupt the flow of vehicular and pedestrian traffic and are a source of frustration for merchants, business owners and the general population;
(7) The Louisiana legislature enacted Act 433 of 2008, codified as LSA - R.S. 45:1361-1378 as the “Consumer Choice for Television Act,” which provides for a state-issued certificate of franchise authority for cable and video services. In LSA - R.S.45:1374, the legislature reserved to local government certain authority to regulate the holder of a state-issued certificate of franchise authority including the City’s lawful exercise of its police powers; and
(8) In order for the City to properly protect the health, safety and welfare of its citizens, to enhance the Public Uses, and manage and maintain its property, it is appropriate and necessary that the City obtain and maintain current, accurate information concerning the location, construction, installation and maintenance of structures, facilities, and equipment occupying City Property for Business Operations (“System”).
Some entities conduct Business Operations utilizing City property and rights of way authorized by a fully executed, valid franchise agreement or ordinance with the City which addresses, among other matters, maintenance and use of City property and rights of way. The City has determined that it is in the public’s best interest to honor said franchise agreements or ordinances and exempt from the application of this Ordinance the Business Operations specifically authorized by such agreements or ordinances.
BE IT THEREFORE ordained by the City Council of the City of Winnsboro, State of Louisiana, that no person or entity may enter upon, traverse, either above ground or below, or otherwise utilize any property, servitude, or other property right, owned, leased, possessed, or controlled by the City (herein referred to as “City Property”) for the conduct of Business Operations without first being issued a permit to enter City Property for Business Operations as more fully set forth hereafter.
1. Location of any System for Business Operations within City Property without a valid permit from the City pursuant to this Ordinance presents a threat to the health, safety, and welfare of the City’s citizens and their property and is expressly forbidden.
2. The City recognizes and reserves any and all rights available to it to regulate use of any City Property.
3. The granting of any City license, permit, or other requirement for doing business within the City shall not be construed as authorizing any such person or entity the right to utilize City Property for the conduct of Business Operations.
4. Any person or entity desiring to operate a System occupying City Property “(Applicant”) shall make a written request to the City for a permit, which shall include the following information:
Name, address, telephone number, and contact person of the person or entity making the request;
Necessary corporate information, if applicable;
Name, address, email address, and home, office and cell telephone numbers of a person with authority to act on behalf of the Applicant in case of emergency;
Description of the proposed activity;
Identification of the City Property which Applicant’s System will occupy. Said identification shall include the following:
Map drawn to scale of the location of all of Applicant’s System presently occupying City Property;
Inventory of all equipment, structures, and facilities comprising Applicant’s System occupying City Property; and
Description of all anticipated construction, major maintenance, and major installation activities which shall include the specific locations and the beginning and ending dates of all projects to be commenced during the next calendar year; and the tentative locations and beginning and ending dates for all projects contemplated for the two year period following the next calendar year.
f) Proof of comprehensive general liability insurance covering and affecting the Applicant’s Business Operations occupying City Property. Applicant shall notify the City of cancellation of such policy(ies) at least 30 days in advance of such cancellation; and
g) Name of all contractors acting or working on behalf of Applicant within City Property along with the name and home, office, and cell telephone numbers of a person with authority to act on behalf of the contractor in case of emergency.
5. Upon provision of all of the information required by Section (4), the City shall issue a permit allowing the Applicant/Permittee to enter City Property to conduct Business Operations in accordance with the specific information provided to the City by the Applicant/Permittee.
6. Standard provisions of each permit granted pursuant to this Ordinance shall include the following:
a) Conditions of Occupancy. The System shall be located so as to cause minimum interference with the Public Uses use of City Property and with the rights and reasonable convenience of property owners who own property that adjoins City Property.
b) Restoration of Public Ways. If, during the course of the Permittee’s construction, installation, or maintenance of the System, there occurs a disturbance of any City Property by the Permittee, the Permittee shall replace and restore such City Property to a condition reasonably comparable to the condition of the City Property existing immediately prior to such disturbance.
c) Relocation at Request of the City. If the City shall lawfully elect to vacate, relocate, abandon, alter, reconstruct or change any City Property, the Permittee, upon thirty (30) days written notice by the City via certified mail to the Permittee, shall remove, re-lay and relocate its structure, equipment, and facilities at its own expense. Should the Permittee refuse or fail to remove System within thirty (30) days after written notification, the City shall have the right to remove the component parts of the System and charge the Permittee for the costs of removal.
d) Relocation at Request of Third Party. The Permittee shall, on the request of any person holding a lawful building moving permit, protect, support, raise, lower, temporarily disconnect, relocate in or remove from any City Property, as necessary, any property of the Permittee provided: (i) the expense of such is paid by said person benefiting from the relocation, including, if required by the Permittee, making such payment in advance; and (ii) the Permittee is given reasonable advance written notice to prepare for such changes. For purposes of this Section, “reasonable advance written notice” shall be no less than thirty (30) days in the event of a temporary relocation, and no less than one hundred twenty (120) days for a permanent relocation.
e) Interference with Use of right-of-way. When working within City Property, Permittee shall not unreasonably interfere with Public Uses of said City Property and the safety, health, and convenience of the public in the public’s use thereof for ordinary travel.
7. No less than three (3) business days prior to commencement of construction, installation or maintenance activities within City Property, the Permittee shall notify the City of the specific locations and beginning and ending dates of said construction, installation, or maintenance project and shall provide current, accurate contact information for both the Permittee and the contractor as outlined in Section (4). Upon receipt of this notification, the City shall determine whether the proposed construction, installation, or maintenance activities shall pose an unreasonable inference with Public Uses. If the City determines the proposed activity presents no such unreasonable interference, it shall issue the permittee a notice to proceed. If the permittee receives no written notification from the City within twenty-four hours of the proposed commencement of activities, the proposed activities may be deemed approved. This Section shall not apply to emergency repair projects or utility service extension projects which the Permittee could not have anticipated.
8. The Permittee shall keep all of the information required by Section (4) current at all times by immediately providing the City written notice of changes.
9. Any person or entity (1) whose System occupies City Property for Business Operations without obtaining the permit required in this Ordinance; (2) who fails to provide the 72-hour notice prior to commencement of construction, installation, or maintenance activities as required in Section 6; or who fails to maintain current, accurate information required by Section (4) concerning any System occupying City Property may have any permit granted pursuant to this Ordinance revoked and may be denied future authorization for construction, installation, or maintenance activities for a period of two years.
10. Any violation of this Ordinance shall afford the City the full range of remedies available under any applicable law or regulation including the levying of fines. The election of one or more remedies shall not be construed as a waiver of any other legal and/or equitable remedy including, but not limited to the City’s right to seek injunctive relief, damages, and attorney’s fees as the law might allow.
11. Business Operations specifically authorized by a fully executed, valid franchise agreement or ordinance with the City shall not be subject to the provisions of this Ordinance and the provisions of said franchise agreement or ordinance shall continue to govern.
BE IT FURTHER RESOLVED, that all ordinances and resolutions in conflict herewith are hereby repealed, except those approving any cable or video franchise agreement in force and effect between the City and any cable or video service provider.
The foregoing proposed Ordinance approved and adopted this 15th day of September 2008 by the following vote:
Yeas: Mahoney, Dumas, Johnson, Gill, McCarthy
Nays: None
Absent: None
Roxy Fletcher Jack Hammons
City Clerk Mayor
10/15 1TB
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